Although collisions with large trucks are not the most common type of accident seen on US roads, they often lead to the most serious damages. According to the National Highway Traffic Safety Administration’s 2020 data, large trucks accounted for 6.6 percent of all vehicles involved in fatal accidents in New Jersey, and 8.1 percent in New York.
Rear-end collisions are especially common in large truck accidents. Nationally, the same data reported that nearly 30 percent of fatal truck collisions were rear-end accidents – the car rear-ended the truck in 22 percent of fatal truck collisions, while the truck rear-ended the car in seven percent of fatal truck collisions.
When facing financial, emotional, and physical damages from your accident, you and your family need and deserve compensation for your losses. A free consultation with a member of our legal team can help you understand the legal options available after your accident, which may involve a personal injury lawsuit.
Your options will depend on a number of factors such as:
- Where the accident occurred
- The amount of insurance coverage you have
- Who was at fault
- The severity of your injuries
Contact us today at 1-866-909-6894 to get a free case review and learn more about your next steps.
New Jersey Car Accident Laws
If your rear-end truck collision happened in New Jersey, the local NJ state laws would apply in your case. Working with a personal injury lawyer who is familiar with these laws will help you better understand your legal options.
Personal injury no-fault laws
New Jersey is a “No Fault” state. This means that your ability to recover compensation for your losses does not depend on the other person being at fault. No matter who was at fault for the accident, you can recover damages through a claim to your own insurance company.
However, the compensation available through your Personal Injury Protection, or PIP, is limited. It provides compensation only for certain economic damages and does not offer any compensation for emotional damages such as pain and suffering. Whether or not you are able to file a lawsuit for additional compensation will depend on your insurance coverage options and the severity of your accident.
Car insurance regulations
New Jersey offers two types of car insurance coverage: Basic and Standard.
The Basic plan covers:
- Bodily Injury Liability: Not included, but $10,000 per accident is an option
- Property Damage Liability: $5,000 per accident
- Personal Injury Protection: $15,000 per person, per accident
- Uninsured/Underinsured Motorist: Not included
Under this basic coverage plan, a personal injury victim can only sue for pain and suffering if there was a permanent injury suffered, such as:
- Loss of body part
- Significant disfigurement or scarring
- A displaced fracture
- Loss of a fetus
- Permanent damage to body parts or organs
- Death
The Standard plan covers:
- Bodily Injury Liability: From $15,000 per person/$30,000 per accident to $250,000 per person/$500,000 per accident
- Property Damage Liability: From $5,000 to $100,000 per accident
- Personal Injury Protection: From $15,000 per person, per accident to $250,000
- Uninsured/Underinsured Motorist: Available up to liability coverage limits
Under this standard coverage plan, you can choose between “Unlimited Right to Sue,” or “Limited Right to Sue.” The Limited Right to Sue option is what is included in the Basic coverage. The Unlimited Right to Sue option allows an injury victim to sue for pain and suffering damages for any type of injury.
Car Accident Laws in No-Fault States
New Jersey is not the only no-fault state in America. If you were involved in a rear-end truck collision in another state, one of the lawyers at Judd Shaw Injury Law can examine your potential claim and provide helpful legal advice.
Personal injury no-fault laws
In any no-fault state, claims for compensation after an accident are made to your personal insurance company, no matter who was at fault. However, in the case of a “serious injury,” a personal injury victim may have the right to sue the other driver to collect additional compensation.
Depending on state law “serious injury” may be defined as:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of fetus
- Permanent loss of use of an organ, member, function, or system
- Significant limitation of use of a body function or system
- Medically determined injury or impairment which prevents a person from performing his daily activities for more than 90 days within the first 180 days after the accident
Car insurance regulations
In some states, it is mandatory for all drivers to have Personal Injury Protection, Bodily Injury Liability, and Uninsured/Underinsured Motorist coverage.
How a Truck Collision Lawyer Can Help Identify Liable Parties
A truck collision lawyer can help you determine whether you have the option of filing a lawsuit after your accident. One important step in filing a lawsuit is identifying potentially liable parties. The lawyers at Judd Shaw Injury Law carefully investigate each client’s case to identify all potentially liable parties and maximize compensation.
In most rear-end collisions, it is the driver of the rear vehicle who will be found at fault. However, even if you rear-ended the truck, there are some factors that may reduce or remove your level of fault in the accident.
Potentially liable parties after a rear-end truck collision include:
- The truck driver: The truck driver may have made an unsafe lane change or engaged in aggressive driving that contributed to the accident. Negligent practices such as driving under the influence, distracted driving, and speeding can also prove a truck driver’s liability.
- The manufacturer: A malfunction of the braking system, steering mechanism, or other important equipment in either your vehicle or the truck can cause a rear-end collision. In this case, the manufacturer may be held liable for the crash.
- The trucking company: An poorly maintained truck is at a higher risk for an accident. For example, if the truck did not have brake lights, or they were not working at the time, this could have contributed to the rear-end accident. The trucking company could be held liable for insufficient maintenance of the truck.
Call Judd Shaw Injury Law After Your Truck Accident
Expensive medical bills, long-term treatment costs, lost wages, and pain and suffering are just a few of the damages you and your family may have suffered. At this stressful and painful time, you and your family deserve experienced, passionate, and personal representation. At Judd Shaw Injury Law, we are committed to providing our clients with just that, as part of our Judd Shaw Way.
When you work with our team, you can be sure that you have a group of professionals on your side who are ready to battle the insurance bullies on your behalf. What’s more, with our No Fee Guarantee®, you can be at ease knowing that you won’t pay us anything unless you get money for your claim.
We want to hear your story. Call us anytime at 1-866-909-6894 or use our online form to schedule your free case review. Let us put our years of experience to work for you and your family.